Loading...
HomeMy WebLinkAbout93- Taylor Office Building IMPROVEMENTS AGREEMENT FOR TAYLOR OFFICE BUILDING THIS AGREEMENT is made and entered into this j day of 1993 , by and between Beatrice Taylor, hereinafter called the "Developer" , and the City of Bozeman, a Municipal Corporation of the State of Montana , hereinafter called the "City" . WHEREAS , it is the intent and purpose of the Developer to meet the conditions of approval of a Minor Site Plan application allowing the construction of a two-structure i250 Sq. Ft . office builrlin-� with related parking , sewer main e-.tension , and site improvements on the property in question; and WHEREAS , it. is the intent of the Developer to obtain the required Building Permit ( s ) ; and WHEREAS , it is the intent and purpose of both the Developer and the City to hereby- enter into an Agreement which will guarantee the full and satisfactory completion of the recinired improvements on the property hereinafter descrihed : and it is the intent of this Agreement , and of the parties hereto , to satisfy t.hE• improvements guar•,intee requirements for the approval of said Minor Site Plan appI ic.ation . NOW . THEREFORE, in coils icleration of the mutual covenants and conditions c.•oritained herein, it is hereby agreed as follows : 1 . Property Description This Agreement pertains to , and includes those properties which are designated and identified as Lot I. , Block 5 , Walker Property Subdivision, Gallatin Count- , Montana , and more commonly known as 1015 Reeves Road East . ' 1 2 , Improvements This Agreement specifically includes the installation of a sewer main extension , paved parking tot: and landscape improvements , and other improvements as illustrated on the plans and specifications hereto attached and made a part of this Agreement , as "Exhibit; A" . The estimated cost of said improvements is attached and made a part of this Agreement , as "Exhibit B" . 3 . Financial Guarantee,_Time for Completion of _Improvements I `' the use of the structure is to occur prior to the installation of the improvements , the improvements must be secured by a financial guarantee , as may be deemed acceptable by the City , payable to the City of Bozeman, in an amount equal to one and one- half times the estimated cost of the installation of any required improvements not completed at this time . Said method of security shall br_ valid for a period of not less than twelve ( 12 ) months . In any event , all other required improvements on the site as delineated on Exhibit "A" , ( Approved Sketch Plan ) , Exhibit "B" , ( Estimated Cos L For Final Improvements ) , and Exhibit "B-1 " , Estimated Cost For Landscape Improvements ) , which are attached and made a part of this Agreement , shall be completed within nine ( 9 ) months of occupancy in order to avoid default on the method of security . 4 . Inspection Representatives of the City shall have the right to •an-rer Upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance t" ith this Agreement, , and the Developer shall permit the City and its representatives to enter upon and inspect the property at and re.sonable time . 2 5 . Default Time is of the essence of this A:;reement . If the Developer, shall default in or f<dil to fully perform any of its obligations in conformance with the time schedule under this _Agreement , and such default or fail,-ire shall continue for, a period of thirty ( 30 ) days after written notice specifying the default is deposited in the tnited States mail addressed to the Developer at 6400 Bostwick -toad , Bozeman , MT . 59715 , or such other address as the Developer shall provide to the Cite from time to time , without being completely remedied , satisfied , and discharged , the City may elect to enforce any of the following specifie:i remedies : A ) The City may, at its option , declare the financial uar•antee to be forfeited and secure the complete construction and inspection of the improvements des�.:ribed herein . L . The C.'ity ' s representative , contractors , and engineers shall have the right to enter upon the property and perform such work and inspection, and the Developer shall permit and secure any additional permission required to enable them to do SO . B ) The City may enforce any other- remedy provided by 'at; . 6 . Warranty The Developer shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the Governing Body, and insure that all required pedestrian sidewalks or pathways shall be maintained in safe walking condition, and cleared of snow and debris at. all times . Any required landscaping must be maintained in a healthy , growing condition at all times. Any plant that dies must be replaced with ariothc.r living plant that complies with the approved landscape plan . 3 i . Governing Law This Agreement shall be construed according to the laws of the State of Montana . 8 . Modifications or Alterations No modifications or amendment of this Agreement shall be valid , unless evidenced by a writing signed by the parties hereto . 9 . Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement, shall be construed in all respects as if such invalid or unenforceable provision were omitted . 10 . No Assi>;'nment It is expressly agreed that the Developer shall not assign this Agreement in whole , or in part , vithout prior written consent to City. 11 . Successors Except as provided in paragraph 10 , this Agreement shall be .1 binding upon , enure to the benefit of , and be enforceable by the parties hereto and their respective heirs , successors and assigns . DEVELOPER 73� ----- Beatrice Tay STATE OF MONTANA ) . ss County of Galiat.in ) On this _�rd day of 1993 , before me , a Votary Public for the State of Montana, personally appeared Beatrice Taylor, known to me to be the person described herein who executed the foregoing Improvements Agreement and acknowledged to me that she executed the same . IN WITNESS WHEREOF , I have hereunto set my hand and affi_Led my Notarial Seal the day and year- first written above . `- Notary Publi or St e of Montana Residing at : !�L _ _ Commission Expires : ( SE-IL ) THE CFTC- OF BOZ/E�fA Phillip J1 Fc . bes - --- Director of 'ublic Service STATE OF MONTANA ) . ss County of Gallatin ) On the _ day of �� 1993 , before me , a Votary Public for the State of Montana, personally appeared Phillip J. Forbes , known to me to be the person described in and who executed the foregoing instrument as Director of Public Service of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above . - 4 -- — votar, Public fo St. :e of Montana Resid.�. tg at : Commission Expi •es l ( SEAL ) q 5